Patna High Court
Vikash Kumar @ Bikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
Bail was granted subject to a bond, sureties and a condition for cancellation if a criminal antecedent is discovered.
Summary
Vikash Kumar was arrested after a raid recovered 80 bottles of codeine‑phosphate and triprolidine hydrochloride cough syrup from his house. He applied for regular bail under section 21(c) of the NDPS Act, asserting that he was falsely implicated and that no incriminating article was found in his possession. The State opposed bail, citing the seizure and the seriousness of the offence. The court noted the allegations, the petitioner’s custody since 11‑Oct‑2025 and his clean criminal record. It ordered that he be released on regular bail upon furnishing a Rs 10,000 bond with two sureties, subject to cancellation if a criminal antecedent later emerges.
Issues considered
- Whether regular bail can be granted in an NDPS case under section 21(c) when the accused claims false implication and has no prior record
- Whether the seizure of drugs from the accused’s house justifies denial of bail
Legislation cited
Subjects
- bail
- NDPS Act
- section 21(c)
- drug seizure
- codeine
- triprolidine
- regular bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29288 of 2026
Arising Out of PS. Case No.-171 Year-2025 Thana- NIRMALI District- Supaul
======================================================
Vikash Kumar @ Bikash Kumar S/o- Shyam Sunder Singh @ Shyam Sundar
R/village - Dighiya, Ward No. - 09, P.S. - Nirmali, District - Supaul, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kuldeep Kumar, Advocate
Mr. Aditya Raj, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Nirmali P.S. Case
no.171 of 2025 registered under section 21(c) of the NDPS Act.
3. As per the prosecution case, on secret information
having been received and a raid being conducted, 80 bottles of 100
ml each of Codeine Phosphate and Triprolidine Hydrochloride
Wiscof cough syrup was recovered from the house of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession or
his house. He is in custody since 11.10.2025 and has no criminal
Patna High Court CR. MISC. No.29288 of 2026(2) dt.07-05-2026
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antecedent.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR together with the petitioner having remained in custody
since 11.10.2025 and not having any criminal antecedent, the
petitioner is directed to be enlarged on bail in connection with
Nirmali P.S. Case no.171 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Special Judge
(NDPS), Supaul on the following condition :
(I) In case it transpires that the petitioner has any
criminal antecedent, the prosecution will be at liberty to move
this Court for cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
Shiv/-
U T
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